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Patna High CourtCR. MISC./36590/2023allowed

Sonu Rai @ Sonu Kumar v. The State Of Bihar

2023-07-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36590 of 2023 Arising Out of PS. Case No.-453 Year-2014 Thana- SONEPUR District- Saran ====================================================== Sonu Rai @ Sonu Kumar S/O Raju Rai R/O Vill. Dighi Kala East, Ps. Sadar Hajipur, Distt. Vaishali ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392 of the Indian Penal Code.

As per FIR, the co-accused person was apprehended on the spot while he was trying to flee away with the informant's looted truck.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioner is not named in the FIR nor he was put on TIP and nothing looted

Patna High Court CR. MISC. No.36590 of 2023(2) dt.03-07-2023 2/2 article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 16.10.2015 passed in Cr. Misc. No. 47238 of 2015. It is further submitted that the petitioner is languishing in judicial custody since 24.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sonepur P.S. Case No. 453 of 2014 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Saran at Chapra.

(Sunil Kumar Panwar, J) manishkumar/- U T